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In Valente v Dave & Buster’s of N.Y., Inc. 2018 NY Slip Op 01089 (App. Div. 2d Dept. Feb. 14, 2018), the court affirmed the dismissal of plaintiff’s personal injury lawsuit, arising from an assault at a Dave & Buster’s restaurant. From the decision: On October 8, 2010, the plaintiff was stabbed while at a…
Read More Dave & Buster’s Stabbing Lawsuit Dismissal Affirmed
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In Forman v. Henkin, 2018 NY Slip Op 01015 (N.Y. Ct. App. Feb. 13, 2018), a personal injury case, the New York Court of Appeals provided guidance on how courts should evaluate discovery requests for discovery of information from litigants’ social media accounts. Judge DiFiore wrote: [C]ourts addressing disputes over the scope of social media discovery should…
Read More NY Court of Appeals Outlines Standards for Social Media Discovery
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In Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le…
Read More Foot-Cut Premises Liability Suit Continues Against Standard Hotel
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From Jones v. New York City Hous. Auth., 2018 NY Slip Op 00027 (App. Div. 1st Dept. Jan. 2, 2018): Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on ice. Defendant submitted evidence, including the testimony of its supervisor of…
Read More Ice Slip/Fall Case Survives Summary Judgment
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In Bissett v 30 Merrick Plaza, LLC, 2017 NY Slip Op 08805 (App. Div. 2d Dept. Dec. 20, 2017), the court affirmed the denial of defendant’s motion for summary judgment. In this case, plaintiff alleged that she “was injured when she slipped and fell on a pile of wet leaves on one of the steps of…
Read More Slip/Fall Personal Injury Case Survives Summary Judgment
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Pospis Law has been retained to represent, and obtain compensation for, a client involved in a terrible moving vehicle accident. Our client – a beloved grandmother (affectionately known as “Grandma”) – was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition…
Read More Grandma v. Claus Manufacturing, et al
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In O’Connell v. Macy’s Corporate Services, Inc., 154 A.D.3d 628 (N.Y.A.D. 1 Dept. Oct. 31, 2017), the Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s personal injury claim against Macy’s. In sum, plaintiff alleges that on or about November 28, 2013, she was struck by an all terrain-vehicle driven by the Defendant Jeff Stanton.…
Read More Macy’s Thanksgiving Day Parade Balloon Handler Volunteer’s Injury Claim Properly Dismissed in Light of Release
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From Vasquez v. Chimborazo, 2017 NY Slip Op 07774 (NY App. Div. 1st Dept. Nov. 9, 2017): Plaintiff established her entitlement to judgment as a matter of law by submitting evidence that her vehicle was stopped at a red light when it was rear-ended by defendants’ vehicle (see Bajrami v Twinkle Cab Corp., 147 AD3d 649 [1st…
Read More Rear-Ended Plaintiff Entitled to Summary Judgment, Court Holds
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From Linhart v. Rojas, 2017 NY Slip Op 06980 (App. Div. 1st Dept. Oct. 5, 2017): Plaintiff’s notice of claim and complaint, as amplified by her bill of particulars, asserted claims against defendant NYCTA for failing to provide proper security, failing to prevent the assault by defendant Jose Rojas, who pushed plaintiff into an oncoming train, and…
Read More Subway-Push Lawsuit Against NYC Transit Authority Survives Summary Judgment
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In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…
Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment